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1 separation on Wed Aug 18, 2010 5:08 am


Arresto Menor
ive been married for more than 3 years only. so far, its not working, i am always the least priority of my spouse over family and friends. we have 1 kid already. we are not making progress because of her family.

i already did my best, and my best was not enough to make it work.

i would like to know what are the valid grounds for annulment of marriage? i already want to be free and look for someone else..

thanks, would greatly appreciate any advice..

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2 Re: separation on Wed Aug 18, 2010 11:40 am


The Family Code lists six grounds for Annulment of marriage.

1. Lack of parental consent for those who got married between ages 18 to 20 y.o.
2. Unsound mind
3. Fraud in obtaining the consent of either party
4. Force, intimidation or undue influence in obtaining consent
5. Sexual Impotency
6. Serious and incurable sexually transmitted disease

If none of those enumerated are present in your case, I suggest you avail of Art 36 (i.e. Psychological incapacity) as a ground. The petition will be for declaration of nullity not for Annulment. Here, you need to prove that your spouse lacks basic understanding of his marital obligations.

Just a word of caution though. Obtaining a decree of nullity is no longer that easy. Courts have become extremely meticulous in evaluating cases. Remember the case of Amy Perez? She appealed to the Supreme Court and she hired a well-renowned authority in Family Law (Atty. Santa Maria of Ateneo Law School) but her petition was denied, notwithstanding.

Last edited by zulfikarl on Wed Aug 18, 2010 11:47 am; edited 1 time in total

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3 Re: separation on Wed Aug 18, 2010 11:46 am


Arresto Menor
So True, there are only few cases which was granted by the court on the ground of Psychological Incapacity.

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4 such as? on Fri Aug 20, 2010 11:05 am


Arresto Menor
is it not enough that she makes me the least in her priorities?
what are the things that they consider for the psychologically incapacitated?

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5 Re: separation on Sat Aug 21, 2010 8:59 am


serenity, the way i handle these cases is to first look at the essential requisites such as age and marriage license if it was validly issued. then i'll look at all the other possible grounds such as those listed by atty zulfikari above.

psycho incapacity is a tough ground and lawyers, judges, psychologists are still cashing in on this. you will have to have your case thoroughly reviewed by a lawyer and a psychologist.

in fairness to my old prof, atty. santa maria, he took on the case when it was already on appeal. he couldn't do anything about the fact that the psychologist never examined the husband.

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6 Re: separation on Sat Aug 21, 2010 10:48 am


Arresto Menor
what's the exact definition of "unsound mind"?
how does it differ from psychological incapacity?
how about seizures? does it validate or invalidate the ground of psychological incapacity? she has seizures, though it is lesser for now.

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7 Re: separation on Sat Aug 21, 2010 2:04 pm


Psychological incapacity is more than just a psychological concept but primarily a legal one. That is why a person may be psychologically incapacitated in the first marriage but not in the subsequent one. Here, it can readily be seen that it is an entirely different animal from "unsound mind".

Epileptic illness was also used by Amy Perez in her petition but the SC said it is not psychological incapacity per se. For a thorough evaluation of your case, I suggest you hire a lawyer to help you explore the possibilities.

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